Page 25 - สถานการณ์การละเมิดสิทธิแรงงานและบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงานในคณะกรรมการสิทธิมนุษยชนแห่งชาติ (กสม.)

to get fair solution.
Examination of laws or orders contradicted to the constitution or international rules ratified by
the Thai government, as well as policy-wise recommendations and communication with public, all these
measures should be underlined.
In this regard, the Sub-committee on Labor Rights emphasizes therefore negotiation and arbitration
to bring partners in dispute to understand and recognize human rights principles in order to achieve
peaceful and justified society. There were efforts to bring in public and civic sectors for formulation of
mechanisms at provincial level to solve or protect human rights. Press conferences were organized for
public acknowledgement and at the mean time urged the authority to care and respond to solve problems
and strengthen people network. Thus, the Sub-committee on Labor Rights needed a lot of time for most of
the complaint cases to consider and examine before settlements were reached. There were several meetings
organized to serve case solution as well.
4. Recommendations.
Policy-wise recommendations
There shall be full and equal labor protections applied to workers in every profession to get better
labor standard, no matter they are in public sector or private sector, and no matter they are in formal or
informal employment sectors. The limitation of law enforcement shall not cover only for workers under
permanent employment contract.
There shall be national improvement on employment by introducing economic policy in line with
free and fair trade practices. Scrap of cheap labor production and seek abolishment of all existing laws
which cause unfair employment in every industry, namely short-term employment in public and private
sectors as well as alien workers. There should be no avoidance in fee allocation for social security fund and
workmen compensation fund contributed by total lot labor contractors and sub-contractors.
There shall be a foundation of independent organization on health and safety to protect all workers
at work in every sector without any discrimination. There shall also be reform of laws concerning labor
namely social security fund and workmen compensation fund for examples, management and enforcement
of these laws should conform to the above principles.
Review of policy on alien workers should be conducted properly in accordance with the need of
this group of workforce not the need of cheap labor required by entrepreneurs. Effects on right to work
and job security for the Thai should also be taken into account. State policy on labor should be pursued to
protect equal rights of alien workers and treat them as human beings, not commodity.
There shall be participatory management to guarantee right violation –free zone by bringing labor
organizations, civic organization network and local administration organizations into policy development
in order to improve fairness of law enforcement and monitor labor relations issues in all industries.
There shall be transparent policy to uphold Human Rights principle and Human Rights on labor standard
as state policy. Strong measures will be imposed to protect workers and punish labor right violators
strongly.
There shall be additional budget allocation to Law Society, NGOs and network of organizations
dealing with Human Rights on labor in order to promote labor right knowledge and strengthen labor
organizations, as well as the expansion of advocacy and legal assistances with upgrading of efficiency and
justice.
There should be clear policy on Thai workers who go overseas. This target group needs both
legal and management measures to promote and develop their knowledge and skills. They should know
how to get access to labor market and other necessary information. They need badly craftsmanship skills,
fund for lending with low interest to improve their professional skills, training of local language of their
destination, help and care provision to their families in case of unexpected problem precedent in country of

และบทเรียนหกปีของคณะอนุกรรมการสิทธิแรงงาน ๒๕

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